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TERMS
AND CONDITIONS OF USE Welcome
to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound
by the following terms and conditions of use. Please review these
terms and conditions carefully. If you do not agree to these terms
and conditions, you should not use this site. 1.
Agreement. This
Agreement (the “Agreement'”) specifies the Terms and Conditions for
access to and use of BodyPiercingSafe.com (the “Site'”) and describe
the terms and conditions applicable to your access of and use of the
Site. This Agreement may be modified at any time by
BodyPiercingSafe.com upon posting of the modified agreement. Any
such modifications shall be effective immediately. You can view the
most recent version of these terms at any time at
www.BodyPiercingSafe.com. Each use by you shall constitute and be
deemed your unconditional acceptance of this
Agreement. 2.
Intellectual Property Ownership. (a)
Our Content. All content included on this site is and shall
continue to be the property of BodyPiercingSafe.com or its content
suppliers and is protected under applicable copyright, patent,
trademark, and other proprietary rights. Any copying,
redistribution, use or publication by you of any such content or any
part of the Site is prohibited without express permission by
BodyPiercingSafe.com. Under no circumstances will you acquire any
ownership rights or other interest in any content by or through your
use of this site. BodyPiercingSafe is the trademark or registered
trademark of BodyPiercingSafe.com. Other product and company names
mentioned on this Site may be trademarks of their respective
owners. (b)
User Supplied Content. By accessing our forum, bulletin
board, chat room, or any other user interactive area of our site,
and placing any information in any of those areas, you hereby grant
us a perpetual, irrevocable, royalty free license in and to such
materials, including but not limited to the right to post, publish,
transmit, distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and
publicly perform such materials in any form or media, whether now
known or later discovered. You also grant to others who access the
forum, bulletin board, chat room or any other user interactive area
of our site a perpetual, non-revocable, royalty free license to
view, download, store and reproduce your postings but such license
is limited to the personal use and enjoyment of such other party.
(c)
Personal Use. BodyPiercingSafe.com grants you a limited,
revocable, nonexclusive license to use this site solely for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use. You
agree not to copy materials on the site, reverse engineer or break
into the site, or use materials, products or services in violation
of any law. The use of this website is at the discretion of
BodyPiercingSafe.com and BodyPiercingSafe.com may terminate your use
of this website at any time. (d)
Other Uses. All other use of Content from the Site,
including, but not limited to uploading, downloading, modification,
publication, transmission, participation in the transfer or sale of,
copying, reproduction, republishing, creation of derivative works
from, distribution, performance, display, incorporation into another
web site, reproducing the Site (whether by linking, framing or any
other method), or in any other way exploiting any of the Content, in
whole or in part, is strictly prohibited without
BodyPiercingSafe.com prior express written
consent. 3.
Disclaimers. (a)
DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS
PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF
THIS SITE IS AT YOUR SOLE RISK. BodyPiercingSafe.com DISCLAIMS ALL
WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS
WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR
USE OF THE SITE SHALL BE TO DISCONTINUE USING THE
SITE. FURTHERMORE,
BodyPiercingSafe.com DOES NOT WARRANT THAT USE OF THE SITE WILL BE
UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BodyPiercingSafe.com ,
ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY
FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY
INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE SITE. USE OF THE SITE'S SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT
FROM THE DOWNLOAD OF SUCH INFORMATION OR
MATERIAL. (b)
LIMITATION OF LIABILITY. BodyPiercingSafe.com SHALL NOT BE RESPONSIBLE OR
LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR
ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE
INCURRED IN CONNECTION WITH BodyPiercingSafe.com OR THE SITE, OR USE THEREOF,
OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR
RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED,
RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM
OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
BodyPiercingSafe.com
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR
LOSS. (c)
EARNINGS DISCLAIMERS. The information
presented in this Website is intended to be for your educational and
entertainment purposes only. We are not presenting
you with a business opportunity. We are not presenting
you with a distributorship. We are not making any
claims as to income you may earn. We are not presenting
you with an opportunity to get rich. Before embarking on any
endeavor, please use caution and seek the advice your own personal
professional advisors, such as your attorney and your
accountant. Where income figures are
mentioned (if any), those income figures are anecdotal information
passed on to us concerning the results achieved by the individual
sharing the information. We have performed no independent
verification of the statements made by those individuals. Please do
not assume that you will make those same income
figures. Please do not construe
any statement in this website as a claim or representation of
average earnings. There are NO average earnings. Testimonials and
statements of individuals are not to be construed as claims or
representations of average earnings. We cannot, do not, and will not
make any claims as to earnings, average, or
otherwise. Success in any endeavor
is based on many factors individual to you. We do not know your
educational background, your skills, your prior experience, or the
time you can and will devote to the endeavor. Please perform your own
due diligence before embarking on any course of action. Follow the
advice of your personal qualified advisors. There are risks in any
endeavor that are not suitable for everyone. If you use capital,
only "risk" capital should be used. There is no guarantee
that you will earn any money using any of the ideas presented in our
in materials. Examples in our materials are not to be interpreted as
a promise or guarantee of earnings. Many factors will be
important in determining your actual results and no guarantees are
made that you will achieve results similar to ours or anybody
else’s. No guarantee is made that you will achieve any result at all
from the ideas in our material. You agree that we will
not share in your success, nor will we be responsible for your
failure or for your actions in any endeavor you may
undertake. Please understand that
past performance cannot be an indication of possible future
results. Materials in our product
and our website may contain information that includes or is based
upon forward-looking statements within the meaning of the securities
litigation reform act of 1995. Forward-looking statements give our
expectations or forecasts of future events. You can identify these
statements by the fact that they do not relate strictly to
historical or current facts. They use words such as “anticipate,”
“estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and
other words and terms of similar meaning in connection with a
description of potential earnings or financial performance. Any and
all forward looking statements in our materials are intended to
express our opinion of earnings potential. They are opinions only
and should not be relied upon as fact. 4.
Terms Relating to User
Supplied Site Content. (a)
Participate at Your Own
Risk. You enter and participate in our forum, bulletin board,
chat room, or any other user interactive area of our site, and gain
access to the materials contained thereon at your own
risk. (b)
No Monitoring. We do not
monitor or screen communications on our forum, bulletin board, chat
room, or any other user interactive area of our site and we are not
responsible for any material that any of our forum, bulletin board,
chat room, or any other user interactive area of our site
participant posts and we do not assume the responsibility to do so.
In the event that we are notified by any party that any
communications contained in our forum, bulletin board, chat room, or
any other user interactive area of our site is contrary to these
terms, we may, but are not obligated to, investigate the situation
and determine in our own discretion, whether to remove such
communication from our forum, bulletin board, chat room, or any
other user interactive area of our site. We have no liability or
responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise. (c)
Your Reliance at Your
Risk. We do not make any representations or warranties as to the
truth or accuracy of any statement made or materials posted on or
through our forum, bulletin board, chat room, or any other user
interactive area of our site.
You agree and acknowledge that you assume the risk of any
actions you take in reliance upon the information that may be
contained in our forum, bulletin board, chat room, or any other user
interactive area of our site. (d)
No Endorsement. We do
not endorse or lend any credence for any statements that are made by
any participant in our forum, bulletin board, chat room, or any
other user interactive area of our site. Any opinions or views
expressed by our forum, bulletin board, chat room, or any other user
interactive area of our site participants are their own. We do not endorse or support
or otherwise give any credence or reason for reliance on any such
statements or opinions. (e)
You are Responsible. You
are fully responsible for your own statements and materials that you
post in our forum, bulletin board, chat room, or any other user
interactive area of our site and any consequences, whether or not
foreseen, to any party who may rely upon these statements. You agree that you will not
take any action directed towards attempting to hold us responsible
for any such materials or statements.
(f)
Removal of Material. As
a participant in our forum, bulletin board, chat room, or any other
user interactive area of our site, you agree that we may remove any
materials from our forum, bulletin board, chat room, or any other
user interactive area of our site for any reason, in our sole
discretion, or for no reason at all. This includes material which
is disruptive, abusive, offensive, illegal, vulgar, pornographic, or
any other material. You
hold us harmless from and against any damage you or others may
suffer as a result of our removal of any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site or from the discontinuance of our forum, bulletin board, chat
room, or any other user interactive area of our site at any
time. (g)
Right to Expel. We have
the right to remove, expel, or disqualify any party from
participation and access to our forum, bulletin board, chat room, or
any other user interactive area of our site for any time and for any
reason, or for no reason whatsoever, in our sole and absolute
discretion. This
includes, but is not limited to any violation of this agreement,
disruptive behavior, complaints from other parties, any allegedly
illegal activity, or for any other reason or for no reason at
all. (h)
Right to Terminate. We
reserve the right to terminate our forum, bulletin board, chat room,
or any other user interactive area of our site at any time and all
users hold us harmless from and against any claims, damages, suits,
threats, demands, liabilities, actions, causes of action, or
injuries that may result therefrom, including but not limited to any
consequential, incidental, and special damages of every nature and
type. (i)
Prohibitions. You agree
that you will not (1) use our forum, bulletin board, chat room, or
any other user interactive area of our site for any illegal purpose,
(2) place any material in our forum, bulletin board, chat room, or
any other user interactive area of our site that violates the
copyrights, trademarks, trade secrets, confidential information or
other rights of any other party, (3) place any material in our
forum, bulletin board, chat room, or any other user interactive area
of our site that contains a false statement about any person,
infringes upon the privacy rights of any other person, or threatens,
harasses, abuses or embarrasses any other person, (4) place any
obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin
board, chat room, or any other user interactive area of our site,
(5) place any advertising, attempted business solicitation,
marketing materials or sales promotional materials in our forum,
bulletin board, chat room, or any other user interactive area of our
site, (6) pretend to be another person that you are not, (7) place
materials in our forum, bulletin board, chat room, or any other user
interactive area of our site that are disruptive or
off-topic. (j)
Hold Harmless and
Indemnify. You hold us harmless from, and indemnify us against,
any and all claims for damages from third parties arising from your
participation, use or conduct in our forum, bulletin board, chat
room, or any other user interactive area of our
site. 5.
Miscellaneous. (a) Prohibition Against Data
Mining. You are prohibited from data mining, scraping, crawling,
email harvesting or using any process or processes that send
automated queries to the BodyPiercingSafe.com Web site. You may not
use the BodyPiercingSafe.com Web site to compile a collection of
listings, including a competing listing product or service. You may
not use the Site or any Materials for any unsolicited commercial
e-mail. (b) Intended
Audience. This website is intended for adults only. This
website is not intended for any children under the age of
18. (c) Compliance with
Laws. You agree to comply with all applicable laws
regarding your use of the website. You further agreed that
information provided by you is truthful and accurate to the best of
your knowledge. (d)
Indemnification. You
agree to indemnify, defend and hold BodyPiercingSafe.com and our
partners, employees, and affiliates, harmless from any liability,
loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the
Site. (e)
Privacy. Your visit
to our site is also governed by our Privacy Policy. Please review
our Privacy Policy at www.BodyPiercingSafe.com. BodyPiercingSafe.com
reserves the right, and you authorize us, to use and assign all
information regarding site uses by you and all information provided
by you in any manner consistent with our Privacy
Policy. (f)
DMCA Notice. If you
believe your work has been copied in a way that constitutes
copyright infringement, please provide a notice containing all of
the following information to our Copyright
Agent: (1)
An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright
interest; (2)
A description of the copyrighted work that you claim has been
infringed; (3)
A description of where the material that you claim is infringing is
located on the Site; (4)
Your address, telephone number, and e-mail
address; (5)
A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and (6)
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf. Our
Copyright Agent for Notice of claims of copyright infringement on
the Site is _________________, who can be reached as follows:
By
Mail: _________________ (g)
Applicable Law. You
agree that the laws of the state of _________________, without
regard to conflicts of laws provisions will govern these Terms and
Condition of Use and any dispute that may arise between you and
BodyPiercingSafe.com or its affiliates. Venue shall be in [name of
county]. (h)
Arbitration.
As
part of the consideration that BodyPiercingSafe.com
requires
for viewing, using or interacting with this website, you agree to
the use of binding arbitration for any claim, dispute, or
controversy of any kind (whether in contract, tort or otherwise)
arising out of or relating to this website. Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted
to the American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are
available from the American Arbitration Association, (i)
Severability. If
any provision of this Agreement shall be adjudged by any court of
competent jurisdiction to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force
and effect. (j)
Termination. BodyPiercingSafe.com
may terminate this Agreement at any time, with or without notice,
for any reason. (k)
Contact
Information. HOW
TO CONTACT US: BodyPiercingSafe.com
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